WHAT IS CUSTODIAL VIOLENCE?
Custodial violence is an abhorrent act that is committed against individuals who are in the custody of the police or judiciary. It is a crime that involves the infliction of physical harm or torture. The Law Commission of India defines it as a public official committing a crime against someone who is being held in custody. This form of abuse is particularly heinous as it often results in serious injuries or even death. Additionally, it can take the form of unjustified detention, erroneous arrest, victimisation, coercive information gathering, and physical, psychological, and sexual abuse. It is important to note that there is no legal definition of custodial violence.
CUSTODIAL VIOLENCE IN HIGHER PRISONS
Custodial violence in higher prisons can often occur due to overcrowding, lack of resources, and the power imbalance between the prison guards and inmates. Overcrowding can lead to violence between inmates, as well as between inmates and prison guards. This is especially true in higher security prisons, where inmates may be more likely to be violent or have already committed serious crimes. The lack of resources can also contribute to custodial violence as prison guards may not have the proper resources or training to effectively manage the inmates. Additionally, the power imbalance between the guards and inmates can lead to abuse of power, and guards may take out their frustrations on the inmates. And some guards may have a personal vendetta against certain inmates, and may use violence in order to exact revenge.
In some cases, prisoners may be subjected to extrajudicial punishments such as long-term solitary confinement, deprivation of food and water, or other forms of punishment without the due process of law. In other cases, prisoners may experience physical and psychological abuse at the hands of prison guards, or even other prisoners. In some cases, prisoners may be subjected to torture or even death as a result of custodial violence.
In order to reduce custodial violence in higher prisons, it is important to ensure that staff members are adequately trained and resourced. It is also important to ensure that inmates have access to sufficient medical and mental health care, and that inmates are provided with safe and secure living conditions. Finally, it is important to ensure that inmates are provided with the opportunity to engage in meaningful activities, such as education and vocational training.
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CONSEQUENCES OF CUSTODIAL VIOLENCE
The consequences of custodial violence are wide-reaching and often long-lasting. They include:
- Prosecution of those responsible for custodial death
- Increased public pressure for improved training and accountability of law enforcement officers
- Increased awareness of the need for independent oversight of police operations
- Increased public demand for justice and accountability
- Heightened focus on preventing custodial deaths in the future
- Increased financial penalties and liability for those responsible for custodial deaths
- Increased public awareness of the need for better conditions in jails and detention centres.
- Damage to public trust in law enforcement.
- Loss of life and deprivation of rights for vulnerable members of society.
- Increased rates of violence against police officers.
- Increased racial tensions.
- Heightened public scrutiny of police practices and policies.
- The threat of legal action and civil suits against police departments.
- Financial losses from legal and public relations costs.
- Long-term psychological effects on the victim’s family and community.
CURRENT STATUS OF CUSTODIAL VIOLENCE
Custodial violence is a serious and ongoing problem in India, with numerous cases of torture, rape, and even death being reported. In 2019, the National Human Rights Commission (NHRC) reported 1,731 custodial deaths in India over the past five years. This is a 10% increase compared to the previous five-year period.
The National Human Rights Commission of India reports that, on average, more than 1,300 cases of custodial deaths occur each year in India. These cases are mostly reported from police stations and prisons, but they can also occur in other facilities, such as juvenile homes, mental health institutions, and detention centres. In addition, a study conducted by the National Crimes Records Bureau (NCRB) between 2014 and 2016 revealed that Uttar Pradesh reported the highest number of custodial deaths in the country, followed by Maharashtra and Bihar.
The main victims of custodial violence are people from marginalized communities such as Dalits, Adivasis, and religious minorities. According to a report released by the Asian Centre for Human Rights, Dalits are the most vulnerable group in terms of custodial detention and torture. Studies have also shown that police officers often target people from minority communities, particularly Muslims, and tend to use excessive force against them.
Despite the prevalence of custodial violence in India, the issue is rarely discussed or acknowledged. In most cases, the victims of custodial violence are not given justice and perpetrators are rarely held accountable. In addition, the Indian legal system does not recognize custodial violence as a form of torture and does not provide any specific laws to protect victims from this kind of abuse.
Overall, custodial violence remains a major problem in India and there is an urgent need for strong legal and institutional reforms to protect victims from such abuse.
HOW CUSTODIAL VIOLENCE CONTRIBUTE IN HIDING MAJOR FLAWS OF DEMOCRACY
Custodial violence is often used by the authorities to silence people and prevent them from speaking out against the major flaws of Indian democracy by providing a convenient means to cover up police brutality, corruption, and other forms of human rights abuses. By failing to investigate and prosecute officers responsible for custodial deaths, the Indian government is able to avoid directly addressing the underlying issues of poor governance and unfair treatment of marginalized populations. This is done by targeting and intimidating those who have the courage to speak up against the government or its policies. This silencing of voices denies the public knowledge and insight into the true state of Indian democracy and its many flaws. By preventing people from speaking out, custodial violence helps to hide the true state of Indian democracy from public scrutiny. Furthermore, it also creates a culture of fear and a lack of trust in the government, which further prevents people from speaking out.
INVOLVEMET OF HIGH-PROFILE PERSONS IN CUSTODIAL VIOLENCE
Custodial violence can be used to cover up the names of high-profile persons by intimidating victims and witnesses into silence, or by bribing them to stay quiet. Victims of custodial violence are often too scared to speak out or seek justice, particularly if a powerful celebrity is involved. This allows celebrities to use their influence and wealth to prevent their name from being associated with any kind of criminal activity. This type of violence can be used to hide the identities of those involved, by threatening them with public humiliation or even physical harm if they speak out. In addition, the media often ignores reports of custodial violence, which further helps to protect the identities of powerful figures. It can also be used to keep the public from learning the truth about a situation or to prevent the truth from being revealed in a court of law.
Author – Aditya Kumar Gupta
Maharaja Agrasen Institute of Management Studies
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